VIC Advice Needed: How to Revoke an IVO with VIC Police as Applicant After Counselling

[Melbourneman]

My partner (de facto) and I had an argument while we were both drunk. I (called the police but don’t remember what I said. As a result, my partner (respondent) received an IVO. When the case went to court, my partner consented to the IVO without admission.

The IVO allowed us to start counselling, which we did, and now I want to revoke the order.

Please note that the police were the applicants, not me.
My question to anyone who has faced a similar situation, or to a lawyer on this forum, is: what do I need from the counsellor to support a “significant change” in the application so that the order is revoked?

Ideally, I do not want to pay a lawyer’s fee. Given that the police are the applicants, what should I do to ensure that the order is fully revoked?

Thank you.

 

[Rod]

When you are ready for legal advice, call our office. We can assist.

Your post is gender neutral and in FVIO matters unfortunately gender does matter.

 

[Tim W]

I agree with @Rod about your post being gender neutral,
making it hard to tell if you are a man or a woman.
So, on the numbers, I'm going to presume
that you are a woman, and also the person protected by the Order.

My advice? Don't bother.
Most days, the courts hear from PINOPs making claims similar to yours.
Many, many of them are there because they have
either been intimidated, or conned, into not continuing.
Although they do it (sometimes), the courts are most careful about lifting an order of this type.
You may find it quite difficult to persuade the court to revoke the order.
The path of least drama may well be to let the order stand, and time-expire naturally.

 

[Melbourneman]

I agree with @Rod about your post being gender neutral,
making it hard to tell if you are a man or a woman.
So, on the numbers, I'm going to presume
that you are a woman, and also the person protected by the Order.

My advice? Don't bother.
Most days, the courts hear from PINOPs making claims similar to yours.
Many, many of them are there because they have
either been intimidated, or conned, into not continuing.
Although they do it (sometimes), the courts are most careful about lifting an order of this type.
You may find it quite difficult to persuade the court to revoke the order.
The path of least drama may well be to let the order stand, and time-expire naturally.

Yes, I’m a woman.

I guess the question is in such a scenario what constitutes a fair change in the situation.

I’ve already got a letter from the counsellor, would that suffice?

If not, what else should be included? Also, it is a PSIO and no kids involved whatsoever.

 

[Melbourneman]

When you are ready for legal advice, call our office. We can assist.

Your post is gender neutral and in FVIO matters unfortunately gender does matter.

Hello Rod. Thank you for your response. I’m a woman and do not have cash to lawyer up unless absolutely required.

From your experience what would constitute a significant change (already got a letter from counsellor)?

 

[Tim W]

I’ve already got a letter from the counsellor, would that suffice?

Hard to say without seeing it (no, don't show it here).
What is your reasoning for wanting to have it revoked?

 

[Rod]

Really hard to say without the backstory. Firstly though, it comes from you, not him. Then you need to convince the magistrate with a good story. And no, being drunk and silly doesn't not count.

 

[Atticus]

I’m a woman and do not have cash to lawyer up unless absolutely required.

Save your money, It's not a lawyer you need anyway .... you need to speak to the domestic violence liaison officer. Make a face to face appointment, without your partner. Take along the IVO and letter from your counselor. Discuss with the officer why YOU think the order needs to be revoked.

If you gain the support of the liaison officer, they can in turn make a recommendation to the police prosecutor to agree to support a variation or too revoke. It's then up to the magistrate of the day.

 

[Melbourneman]

Save your money, It's not a lawyer you need anyway .... you need to speak to the domestic violence liaison officer. Make a face to face appointment, without your partner. Take along the IVO and letter from your counselor. Discuss with the officer why YOU think the order needs to be revoked.

If you gain the support of the liaison officer, they can in turn make a recommendation to the police prosecutor to agree to support a variation or too revoke. It's then up to the magistrate of the day.

Thank you so so much!

I googled Domestic Violence Liaison Officer VIC and couldn’t find much information. Could you please advise if this officer is at police station or at magistrates court?

Thank you once again!!

 

[Tim W]

DVLOs are sworn police.
There's at least one at most decent sized stations.
Start by trying the one from the station where your attending police came from.